Push to lift order on judges’ vetting

Calls to lift an order blocking the work of a team set up to vet judges intensified on Tuesday with various parties questioning the motive of the petition.

Attorney-General Githu Muigai and Justice Minister Mutula Kilonzo said the applicant had no arguable appeal.

The AG and minister told the Court of Appeal through state counsel Stella Munyi that it was speculative for the applicant to claim the vetting process was unconstitutional. “Vetting is an administrative process and a violation of rights does not apply,” Ms Munyi said.

Justices Emmanuel O’Kubasu, Alnasir Visram and David Maraga issued the orders following an appeal by Mr Dennis Mang’are, a law student, against a High Court ruling which dismissed his earlier petition seeking to block the vetting. Mr Mang’are argued that the Act allowing the vetting is illegal as it fails to meet the threshold set by the Constitution.

Ms Munyi said it was speculative to claim that the judges and magistrates will be treated unfairly, yet the Vetting Act protects their rights. The Judges and Magistrates Vetting Board supported Ms Munyi, saying, the court should not stop the work of an authority mandated under law.

Through lawyer Nzamba Kitonga, it said the balance of convenience should be placed on the public as opposed to an individual.

“Staff has been appointed, offices set up, foreign staff hired with a timeline of one year, which would all be wasted,” he said.

The Judicial Service Commission, through lawyer Paul Muite, said that even though the Constitution allows the right of appeal, the applicant should have sought a judicial review of the High Court ruling.

The Law Society of Kenya said the applicant should have submitted his reservations to the Committee of Experts during the drafting of the Constitution.

The judges will give their ruling on February 21.